United States v. Buffalo Pitts Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the liability of the Government under the Fifth Amendment for the rental value of property used by it, are stated in the opinion. The plaintiff had no such title to the engine as would enable it to contract for its use. There was no intention to make a contract for the use of said engine, nor conduct of the parties from which such contract might be implied.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the liability of the Government under the Fifth Amendment for the rental value of property used by it, are stated in the opinion. The plaintiff had no such title to the engine as would enable it to contract for its use. There was no intention to make a contract for the use of said engine, nor conduct of the parties from which such contract might be implied. It was not shown that there was any fund out of which judgment might be legally paid. • The engine having been taken under a claim of right, and not in…
1Opinion of the CourtJustice Day
This suit was brought by. the Buffalo Pitts Company in the Circuit Court of the United States for the Western District of New York to recover for the value of the use of a certain engine which it was alleged the United States was under an implied contract to pay. The action was begun under the Tucker Act of March 3, 1887, c. 359, 24 Stat. 505, and the court of original. jurisdiction, as required by the statute, § 7, made findings of fact and conclusions of law under which it held the Government liable and rendered judgment for the plaintiff’s claim. On writ of érror the Circuit Court of…
2Cases cited7 opinions
- United States v. LynahSupreme Court of the United States · 1903
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- Hooe v. United StatesSupreme Court of the United States · 1910
- Harley v. United StatesSupreme Court of the United States · 1905
- Chase v. United StatesSupreme Court of the United States · 1894
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3Cited by35 opinions
- Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1923
- Portsmouth Harbor Land & Hotel Co. v. United StatesSupreme Court of the United States · 1922
- United States v. GoltraSupreme Court of the United States · 1941
- State v. ElliottCourt of Appeals of Texas · 1919
- Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956
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